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Tanzania decisions
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The respondent, as the legal wife of the deceased, has the greatest and immediate interest in the estate and is suitable for appointment as administratrix; allegations against her were unproven and do not disqualify her.
Source excerpt
High Court succession appeal dismissed; the estate was held to fall under Islamic law, leaving the father as sole heir and directing distribution within four months.
The applicable law for the administration, distribution, and succession of the deceased's estate is Islamic law, which was not followed by the administrator or the lower courts. The distribution must be redone strictly in accordance with Islamic inheritance principles, granting fixed shares to all first-class heirs including the parents, widow, and children.
Source excerpt
The respondent's right to inherit his father's land was not extinguished by his absence, acquisition of other land, or the appellant's long occupation, as the appellant held the land in trust for all heirs, and the respondent, as a first grade heir from the senior house, is entitled to his share.
Source excerpt
The High Court set aside orders declaring heirs to an estate and a district court revision made without hearing the parties, but left the appellant as administratix.
The High Court quashed orders determining heirs and a district revision made without hearing the parties, but confirmed the appellant as administratix of the estate.
Second appeal over a shamba allegedly abandoned by the deceased owner’s son. The High Court held the heirs’ rights were not lost and allowed the appeal.
The High Court held that, under Masai custom, children born while a marriage subsisted remained children of the deceased husband. The appeal was dismissed with costs.
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